Showing : 31-40 of 19304 Results

HIMACHAL PRADESH HIGH COURT
Year of decision: 2019
Details
Civil Procedure Code, 1908, Order 14, Rule 1-- Framing of an issue - At the time of consideration U.O.14.R.1 CPC for framing issues, pleadings are to be seen only and filing or no, filing of affidavit in support of pleadings which is independent of pleadings is not material as it is curable technical defect...........
SUPREME COURT OF INDIA
Year of decision: 2019
Details
Civil Procedure Code, 1908, Section 96(2), Order 9, Rule 13-- Ex parte decree - Appeal against - Right to appeal is a statutory right - Defendant cannot be deprived of the statutory remedy merely on the ground that application filed U.O.9.R.13 CPC was earlier dismissed...........
HIMACHAL PRADESH HIGH COURT
Year of decision: 2019
Details
Civil Procedure Code, 1908, Order 14, Rule 5-- Framing of additional issues - Plaintiff sought framing additional issues with respect to Will propounded by defendant - There are two Wills, one is relied by plaintiff and another by defendant - Therefore, both are denying right of each other put-forth on basis of respective Will relied by..........
SUPREME COURT OF INDIA
Year of decision: 2019
Details
Civil Procedure Code, 1908, Section 96(2), Limitation Act, 1963, Section 5-- First appeal against ex parte decree - Condonation of delay of 546 days - Earlier there was delay of 276 days in filing application U.O.9.R.13 CPC - Pursuing application U.O.9.R.13 CPC has caused further delay of 270 days - Defendant shown his bona fide by depositing Rs.25 lakhs in compliance of..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2019
Details
Indian Penal Code, 1860, Section 420, 406, Criminal Procedure Code, 1973, Section 482-- Cheating - Quashing of FIR - Breach of contractual obligation normally do not give rise to criminal offence - Civil dispute between parties is sought to be converted into a criminal case - FIR and all subsequent proceedings qua petitioners quashed...........
SUPREME COURT OF INDIA
Year of decision: 2019
Details
Civil Procedure Code, 1908, Order 8, Rule 6A-- Counter claim - Court may exercise its discretion and permit filing of counter claim after written statement, till the stage of framing of issues - In exceptional circumstances, subsequent filing of counter claim may be permitted till the stage of commencement of recording of evidence on behalf of..........
SUPREME COURT OF INDIA
Year of decision: 2019
Details
Civil Procedure Code, 1908, Order 8, Rule 6A-- Counter claim - Provision of O.8.R.6-A CPC does not put an embargo on filing counter claim after filing the written statement - Restriction is only with respect to the accrual of cause of action - However, this does not give absolute right to defendant to file counter claim with substantive delay,..........
SUPREME COURT OF INDIA
Year of decision: 2019
Details
Civil Procedure Code, 1908, Order 8, Rule 6A, 9, 10, Civil Procedure Code, 1908, Order 6, Rule 17-- Counter claim - Court is vested with discretion to allow filing of counter claim even after filing of written statement, as long as same is within limitation prescribed under Limitation Act...........
SUPREME COURT OF INDIA
Year of decision: 2019
Details
Civil Procedure Code, 1908, Order 8, Rule 6A-- Counter claim - Belated counter claim by way of an amendment to original written statement U.O.6.R.17 CPC can be introduced - However, filing of such a counter claim through an amended written statement is subject to leave of Court and not accorded to defendant as a matter of right...........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2019
Details
Civil Procedure Code, 1908, Order 23, Rule 1-- Withdrawal of suit at appellate stage - Plaintiff does not have any unqualified and unfettered right to withdraw suit at appellate stage when rights have accrued to defendant under a decree...........

Showing : 31-40 of 19304 Results